Section 48 Notices under the Water Industry Act 2012

Time:  3 hours duration
Fee: $200 + GST (flat rate)

For: Council Staff who work within the jurisdiction of the Water Industry Act 2012
Course Overview:
The Water Industry Act 2012, along with associated regulations and standards, is the legislative frame work through which councils can provide retail water services. Registration as a “Water Industry Entity” under the Act is necessary in order for a council to provide wastewater, storm water, and other services. As Water Industry Entities, councils are granted wide-ranging functions and powers to

 establish services and infrastructure, and to enforce the proper maintenance of those services and infrastructure.

This session focuses on one power in particular: the power to issue a notice under Section 48 of the Water Industry Act 2012 requiring an owner of land to connect to sewerage infrastructure (“Section 48 Notice”).
Topics covered in this session will include:
- Council’s role in the Water Industry Act framework
- Authorisations and delegations under the Water Industry Act
- State Government approvals required before any Section 48 Notice can be issued
- Legislatively required content of a Section 48 Notice
- When to issue a Section 48 Notice
- When to enter land, take action, and recover costs
- Following up connections and enforcing the customer’s infrastructure obligations
- Fundamentals of good investigation procedure and evidence gathering techniques
- Authority to issue expiation notices and to prosecute
Presenter: Paul Kelly, Partner, Norman Waterhouse Lawyers

Paul Kelly is a Partner in the firm’s specialist Local Government Governance & Regulatory Services Team.  Paul’s experience includes governance, policy advice, administrative law issues and statutory interpretation. Representing client councils in contested matters in the Magistrates Court, the Liquor Licensing Court and Tribunal, the District Court, the Supreme Court and the Environment, Resources and Development Court, is a principal area of Paul’s practice.